Florida Changes Child Support Laws Dramatically
Effective during 2011, Florida has new, yet-to-be-tested child support requirements which include several major changes. For parents affected by the new law, these changes will add more wrinkles to the complex process of setting up a child support framework.
The first change in Florida’s child support laws is meant to reduce the need for the filing of modification petitions each time a child reaches the age of majority. For families with two or more children under the age of 18, guidelines for child support provisions in settlements or final judgments must now include the child support guidelines amount and also the remaining child support payable after each child reaches the age of 18. This change makes any reductions automatic, thus reducing the need for filing modification petitions. At the outset, support must be based on the income of the parents at the time of the divorce. Petitions for modification may still be filed by either parent, but the month, day and year of any reductions must be stated.
Another major change is the requirement of imputation of income to any parent voluntarily unemployed or underemployed, or who fails to participate in the child support case. Normally, child support awards are based on the income of both parents; ‘imputing’ income essentially means that a parent will be assumed to be earning a certain level of income, whatever the amount of their actual income. The new statute creates a presumption that a voluntarily unemployed/underemployed or nonparticipating parent’s imputed income level will be at a level equivalent to the median income of full-time workers as determined from U.S. Bureau of the Census reports.
Only minor changes were made to the child support guidelines schedule. If the parents’ combined income falls below the bottom range in guidelines, the court must set child support on a case by case basis; the base can be modified if the parents begin to make more money.
A major change reflected in the new statute has to do with the adjustment of child support based on the amount of ‘overnights’ each parent has with a child. This new provision requires the adjustment of standard child support in every case in which the parent with fewer overnights has at least 20 percent or more of the total overnights. Thus, if a child spends more than 20 percent of nights with a parent who overall receives fewer overnights, a tiered structure kicks in to adjust the calculation of child support. Previously, that parent had to have at least 40 percent of overnights in order to obtain an adjustment. This change will usually benefit the parent who has fewer overnights.
The process of determining child support is a complex and technical undertaking. The assistance of an experienced attorney can prove invaluable. An attorney will be able to untangle the process and explain it in simple terms. Furthermore, an attorney can help ensure child support payments are set at a fair amount, and can assist in negotiating all aspects of child support or parental responsibility/time-sharing arrangements.
If you find yourself in such a position it is best to consult an attorney with substantial marital law experience. There are so many different circumstances that a proper answer to your particular problem can only be obtained by a trained and experienced lawyer.
If you have any question regarding divorce, child support, spousal support, etc. our firm may be able to help you.
